Common use of Express Negligence Rule Clause in Contracts

Express Negligence Rule. The indemnification obligations under this Article VII shall apply regardless of whether any suit or action results solely or in part from the active, passive or concurrent negligence of the indemnified party. The rights of the parties to indemnification under this Article VII shall not be limited due to any investigations heretofore or hereafter made by such parties or their representatives, regardless of negligence in the conduct of any such investigations.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Flotek Industries Inc/Cn/), Asset Purchase Agreement (Flotek Industries Inc/Cn/), Asset Purchase Agreement (Flotek Industries Inc/Cn/)

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Express Negligence Rule. The indemnification obligations under this Article VII shall apply regardless of whether any suit or action results solely or in part from the active, passive or concurrent negligence of the indemnified party; provided, however, that the indemnity obligations of the parties under Section 7.1(c) shall not apply to the extent any suit or action results from the due diligence investigation by Buyer of the Company. The rights of the parties to indemnification under this Article VII shall not be limited due to any investigations heretofore or hereafter made by such parties or their representatives, regardless of negligence in the conduct of any such investigations.

Appears in 1 contract

Samples: Asset Purchase Agreement (Flotek Industries Inc/Cn/)

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Express Negligence Rule. The indemnification obligations under this Article VII shall apply regardless of whether any suit or action results solely or in part from the active, passive or concurrent negligence of the indemnified party. The rights of the parties to indemnification under this Article VII shall not be limited due to any investigations heretofore or hereafter made by such parties or their representatives, regardless of negligence in the conduct of any such investigations.

Appears in 1 contract

Samples: Membership Interest (Flotek Industries Inc/Cn/)

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